Are meritorious candidates with disabilities adjusted against disability quota against the spirit of Section 33?

Dear Colleagues,

The govt. departments, who should be complying with the provisions of the Persons with Disabilities (equal opportunities, protection of rights and full participation) Act 1995 have been flouting these very provisions under different garbs. This is not a new phenomenon. I remember in April 2005, I had challenged on behalf of All India Confederation of the Blind an advertisement of Govt. of NCT of Delhi and UPSC for filling up 90 posts of Principals without giving 3% reservation for persons with disabilities. In the counter filed by the Delhi Govt. it was suggested that they will adjust all persons with disabilities against reserved quota even if they cleared on their own merit. The Hon'ble Court presided by Justice S. Ravindra Bhat then had given a categorical judgement saying this could not be allowed and issued rule. The Delhi Govt. even went in appeal through LPA No.2042, 2043 and 2044/2005, however, on 21 Dec 2005 vide a common judgement, the double bench headed by the Hon'ble Chief Justice and Justice Madam B Lokur dismissed the said appeals upholding that Article 46 of the Constitution provides that the State shall promote the interests of weaker sections and weaker section would include not just SCs and STs but also persons with disabilities. The court had dismissed the LPAs with directions that a candidate with disabilities who has qualified in the selection and whose merit is so high that if he were a general category candidate he would still have been selected, then his appointment will not be made against the quota of persons with disabilities. Such a candidate would be treated as if in the general category and the reserved seats of the disabled category will be calculated excluding him or be filled up accordingly.

In fact, this fact has been repeatedly held by the Hon'ble Supreme Court that concessions to help / enable a candidate appear in examinations cannot be termed as “reservation benefits“ if she/he qualifies on merit. [PGI Medical Education and Research V. K.L. Narasimham, (1997) 6 SCC 283]

The trend of subverting the laws against the marginalized section continues to be pushed by many employing departments rendering the minimum reservations as maximum reservations. As simple as age relaxations, fee relaxations, lower threshold of qualifying marks and additionally in case of disabled candidates - using a scribe or availing compensatory time during examination is being used as the basis to classify them as "reserved candidates". Using a scribe or compensatory time or fee/ age /qualifying marks relaxation can at best be considered as enabling provisions. These provisions can not be used to push them in to the "reservation quota" thereby defeating the original intent of such beneficial legislation.

The National Commission for SCs is examining this issue and has issued notice to UPSC, DoPT etc. on receipt of complaints from the stakeholders. The Commissioner for Persons with Disabilities have not taken any suo moto notice of several such cases happening right under their nose. This is an alarming situation where the statutory bodies are lagging behind in restoring justice to the most marginalized and to protect their rights and equal participation in the spirit of the law.

Medical Board declares a teacher with 30% disability as medically unfit; denied Govt. job

Dear Colleagues,

We come across such cases pretty often as a result of biases & negative attitudes towards persons with disabilities & total lack of awareness about the legal provisions. This case is unique since the government or the medical board couldn't have declared the candidate as medically unfit for the post, even if she was visually disabled (exceeding 40% disability) since the post is also identified for persons with disabilities (visual impairment).

The visiting teacher has a 30% certified visual disability thus she is not a person with disability in terms of the Disabilities Act of 1995. The Act mandates a person with 40% disabilities to be eligible for the benefits / reservation available for persons with disabilities. 

In both cases whether the candidate has a visual disability of 40% or not, she couldn't have been rejected on the grounds of disability. The medical boards are woefully unaware of the enabling provisions of the disabilities Act and they mechanically declare candidates medical fit or unfit without even going in to the job requirements.

Here is the news from Times of India

Denied govt job, relief in sight for 25-yr-old

Ambika Pandit

New Delhi



Deemed Medically Unfit, Woman Secures Review

Her dream of becoming a teacher landed in jeopardy after the medical board of a government hospital declared her “medically unfit“. However, the Public Grievances Commission (PGC) and education department came to the rescue of the 25-year-old and sought a review of the medical report. She is likely to get the Delhi government school job soon.

The medical board rejected her due to a vision deficiency -absent left eye. The job aspirant has, however, been working as a guest teacher in a government school. The PGC and education department said that she has just about 30% sight deficiency in one eye. Moreover, the job for which she was selected was non-technical.

The woman has now been re-examined by a special medical board and her appointment by the state government is awaited. The effort by the education department and the PGC has opened a window of hope for others like her who may find themselves in the same position. Her father approached the PGC on May 24 after the joining order to the post of assistant teacher (primary) was not issued to her by the education department.

The first hearing was held by PGC in June. The education department filed a status report stating that the “candidate was declared medically unfit (absent left eye) by Babu Jagjivan Ram Hospital in April, 2016. At present, appointment to the candidate cannot be given by the directorate of education.“

The woman gave a submission that she has 30% sight deficiency since birth and, as per rules, she is not entitled to the handicap certificate. She added that she had finished her entire education and passed examinations without any hindrances.As such, she should not be prevented from her entry into government service as school teacher. She also informed that she is working as a guest teacher with Delhi government and performing her duties perfectly.

Hearing the matter, PGC member N Dilip Kumar observed: “The complainant can study and attend classes and can do all work perfectly . Her eyesight deficiency is in no way affecting her teaching work. As such, relaxation should be given in the rule in respect of complainant.“

The commission advised the director of education to personally look into the matter and ensure that suitable amendment is made to the rules to benefit not only the complainant but also similarly placed candidates. On July 20, the directorate of education informed the commission that it had written to the chairman of the Babu Jagjivan Ram Memorial hospital medical board stating that the candidate has requested for a review of the medical examination report.

“Chapter XIII states that if a candidate is declared medically unfit on account of visual acuity, an appeal should be dealt with by a special medical board, which should include three ophthalmologists. Ordinarily , the findings of the special medical board should be considered as final, but a second appeal shall be permissible in doubtful cases and under very special circumstances,“ it was observed.

The hospital examined her again and has submitted her fresh reports to the education department. The family now awaits the appointment letter that will set their daughter on the road to empowerment.

Source: Times of India 

Hearing Impaired students prepare for military service despite stumbling blocks

Here is an awesome story from Gulf News about the quest of a hearing impaired teacher to prepare and inspire his deaf students for military service in the "School for the Deaf Cadet Corps" that he founded two years ago.  The stumbling block is the closed mindset of the Defence Department that declared last month in a report that it would be “imprudent” to create a programme assessing hearing-impaired people’s fitness for military service. It cited the cost of equipment modifications, security risks from wireless assistive devices and the burden for non-disabled service members if their hearing-impaired counterparts can’t perform the full range of military tasks.

It is so strange that some one who is not deaf decides what a deaf can do or can not do! This is often due to their own ignorance about potential abilities of those with disabilities.   The cost of assistive devices and accommodations would be much less in comparison to the the contribution of such diversity. Israel has taken a lead in this regard by inducting deaf people in suitable roles where the work is more visual than hearing. The quest of this teacher is praise-worthy and I am sure the cadets trained and assessed would find placements and opportunities to serve their motherland through military service.

Here goes the story from the Gulf News-

A hearing-impaired teacher’s quest for armed service inspires students

The Defense Department declared in a report last month it would be ‘imprudent’ to create a programme assessing deaf people’s fitness for military service

Frederick, Maryland: Four teens in camouflage fatigues march briskly around a brick plaza at the Maryland School for the Deaf, silently marking their cadence in American Sign Language: “Left!” “Left!”

These members of the school’s Cadet Corps aspire to military service, but their path is blocked. Deaf people are barred from joining the armed services, as corps creator Keith Nolan well knows. He’s been told, “No,” since 2001, when he tried to enlist in the Navy at age 18.

Nolan is determined to change that.

“I want to show there are no barriers,” he said through an interpreter.

His determination has led to passage of a House bill bearing his name — the Keith Nolan Air Force Deaf Demonstration Act of 2015, which called for a demonstration programme.

The Defense Department declared in a report last month it would be “imprudent” to create a programme assessing hearing-impaired people’s fitness for military service. It cited the cost of equipment modifications, security risks from wireless assistive devices and the burden for non-disabled service members if their hearing-impaired counterparts can’t perform the full range of military tasks.

But Nolan, his cadets and his congressional supporters are undeterred.

“They’re not taking us seriously,” said Cadet Jennida Willoughby, 16, through a sign-language interpreter. “We’re going to keep fighting back.”

During after-school and occasional weekend meetings, Cadet Corps members compete as teams in contests of physical strength and brainpower, and take turns leading problem-solving missions around town, said David Alexander, a school audiologist and Army veteran who helps to run the programme. They’ve gone overnight camping, taken a field trip to the US Military Academy and made a presentation to other students and faculty about the West Point visit.

The cadet corps is independent, not affiliated with the military’s Reserve Officer Training Corps (ROTC).

But Willoughby, an accomplished scuba diver, dreams of becoming a Navy SEAL.

She and her fellow cadets, all rising seniors at the school 72km west of Baltimore, note along with Nolan that the National Geospatial-Intelligence Agency has been hiring hearing-impaired workers since 1987. The agency, which analyses aerial and satellite data, sent three hearing-impaired analysts to support US military operations in Africa from 2012 to 2014, using only American Sign Language.

And the military already has members in jobs that require sound-deadening earphones such as guiding planes during landings and take-offs from aircraft carriers.

“We can serve our country,” said Cadet Blake Brewer, 17, whose older cousin is a Marine. “We can show what we can do.”

Although firearms training is barred by the school’s no-weapons policy, Brewer said he’s willing to take up arms for his country.

“I’m flexible with where they would need me,” he said.

Cadet Maverick Obermiller envisions himself as an engineer, one of the “supporting roles”, including cybersecurity positions, which Nolan says should be open to hearing-impaired people.

There’s a precedent for hearing-impaired people in military service: The Israel Defense Forces (IDF) have always recruited hearing-impaired volunteers and found ways for them to serve in uniform, spokeswoman Libby Weiss said in an email. She said the IDF communicates with deaf or hearing-impaired soldiers through adaptive devices, text messages, emails and lip-reading. In 2012, the IDF announced an Israeli sign-language course to help commanders communicate better with deaf and hearing-impaired soldiers, then numbering more than 100.

Weiss said hearing-impaired service members are usually exempt from instructing roles, or jobs that would require them to communicate by telephone.

Rep. Mark Takano, D-California, cites Israel’s experience as one reason he will continue pressing for a US demonstration programme. Israel has “the benefit of a more diverse and talented pool of service members,” Takano wrote in an email. “Their example shows that this policy can be effective in some of the most tense and dangerous military arenas.”

Sen. Kelly Ayotte, R-New Hampshire, said in an email that she, too, will continue pushing the Defense Department to see whether Americans with disabilities can serve and meet required military standards.

Nolan, who teaches high-school government and history, said supporting the military in a civilian role isn’t the same as serving in uniform, as one of his grandfathers and a great-uncle did.

Nolan made it through two years of ROTC at California State University, Northridge, before being told his deafness made him ineligible for advancement.

He founded the Maryland School for the Deaf Cadet Corps two years ago to teach skills he deems valuable no matter what career his students choose.

“I want to see them pave the way for the future,” Nolan said. “I have done my part so far, but I want to see them take it and break through.”

RTI reveals Delhi's Schools not compliant to CBSE guidelines on disabled friendliness

This report filed by Mr. Manash Gohain in Times of India Delhi Edition and published on May 08 2016 titled "City schools tough place for disabled" based on over 160 RTI replies received by Ms. Abha Khetrapal of "Cross the Hurdles" reveals how equipped and serious Delhi is when it comes to providing quality education in an inclusive set up for children with disabilities. Here goes the story.



Most Delhi schools are not inclusive, and their differently-abled students are deprived of assistive devices or materials even though the Central Board of Secondary Education has issued guidelines on these. Replies to queries under the Right to Information received from the capital's government, government-aided and private schools reveal that most of the institutions have not carried out audits to establish the levels of the prescribed amenities.

Unfortunately , CBSE, having issued three guidelines over the years, too said in a reply to an RTI query that it had no information on access audits, compliance and action taken in case of non-compliance. The education board first issued guidelines on making school disabled-friendly way back in May 2005. It reissued fresh guidelines in October 2008 and then reiterated these in 2009, making it incumbent on schools to comply with measures suggested in the guidelines.

These included provision of support through accessible educational material and the availability of trained teachers, modification of the existing physical infrastructure and teaching methodologies to meet the needs of all children, including those with special needs, ensuring availability of study material for the disabled and talking text books, reading machines and computers with speech software and the induction of an adequate number of signlanguage interpreters, transcription services and a loop induction system for the hearing-impaired students.

TOI has copies of the 160 RTI replies received by petitioner Abha Khetarpal, President of Cross the Hurdles, an NGO that works with people with physical challenges.Only two of the schools claimed to have carried out the mandated access audit. In a majority of the schools, the queries about study materials, teacher training, infrastructure, access audit report and number of students with disabilities evinced "not applicable" as the response. Just five schools said they had visually-impaired students, and there was no data on students with disabilities like locomotor disability.

According Khetarpal, “The annexure in the 2009 guidelines clearly stated the things that schools were to provide in order to make them inclusive, failing which they would lose their affiliation. CBSE now replies that they do not keep a record of such information.“ The board told Khetarpal that affiliated schools only provide Open Text Based Assessment material in Braille, but this carries only 10% weightage in the final exams and is also meant only for Classes IX and XI. What about 90% of the study material, she asks.How would students with visual impairment cope?

Some private schools refused to divulge the information on the ground that they did not come under the purview of the RTI Act. So, there is no confirmed number on students with disabilities in regular inclusive schools and what they study . Khetarpal says that when asked this, CBSE said it not only didn't have the data, but that it also doesn't monitor compliance of its guidelines.

Source: Times of India 

Despite a good progress 34% Indian children with disabilities (6-14 yrs) are still out of school : UN Report

In India, high percentage of kids with disabilities still out of school: UN

United Nations: India has been able to decrease its number of out-of-school children by nearly 16 million between 2000 and 2012, driving the progress in South Asia, but it still has 1.4 million children not attending primary school, a United Nations report said.

The majority, 31 million of the 58 million out-of-school children, were girls. India has 58.81 million girls and 63.71 million boys of primary school age. As of 2011, 1.4 million children of primary school age did not go to school in India, with 18 percent girls out of school and 14 percent boys.

The report said that while India has made significant improvement in primary education enrolment, the figures for children with disabilities are staggering. Out of 2.9 million children with disabilities in India, 990,000 children aged 6 to 14 years (34 percent) are out of school.

The percentages are even higher among children with intellectual disabilities (48 percent), speech impairments (36 percent) and multiple disabilities (59 percent).

"India has made tremendous efforts to make its education system more inclusive. Under the Right to Education Act, all children have the right to go to school...To accommodate a greater number of children with disabilities, further progress is needed," it said.

The biggest decrease in the number of out-of-school children was seen in South Asia, where their numbers fell by 23 million between 2000 and 2012, according to a new joint report 'Fixing the Broken Promise of Education for All: Findings from the Global Initiative on Out-of-School Children was produced by UNESCO and the UN Children's Fund (UNICEF)'.

Much of the global progress since 2000 in decreasing the number of out-of-school children has been driven by a small number of countries, with India alone decreasing its number of out-of-school children by nearly 16 million between 2000 and 2011.

In relative terms, 42 countries were able to more than halve their numbers of primary out-of-school children between 2000 and 2012, including Algeria, Burundi, Cambodia, Ghana, India, Iran, Morocco, Mozambique, Nepal, Nicaragua, Rwanda, Viet Nam, Yemen and Zambia.

However, despite such impressive progress in many countries, about nine percent of all children of primary school age worldwide, which accounts for eight percent of all boys and 10 percent of all girls, were still out of school in 2012.

The other countries with more than half a million out-of-school children include Indonesia, Bangladesh, Nigeria, Pakistan and Sudan. India had 14 percent of children in the 7-14 years age category involved in child labour.

The report credited initiatives such as abolition of school fees, cash transfer programmes and school feeding programmes in ensuring more children attend and stay in school.

The largest school feeding was implemented in India with 120 million school children benefiting by 2006 and has been credited with a significant positive effect on both school enrolment and attendance rates.

The report further said that one in five adolescents worldwide is not in school, which means that some 63 million young people between the ages of 12 and 15 are denied their right to an education, mainly because they are marginalized and poor, the joint UN agency report said as pressure mounts to include universal secondary education in the post-2015 global development agenda.

"This report serves as wake-up call to mobilize the resources needed to guarantee basic education for every child, once and for all," UNESCO Director General Irina Bokova said.

The data found that as children get older, the risk that they will never start school or will drop out increases. One in ten children of primary school age is out of school compared to one in five adolescents. The study also found that in total, 121 million children and adolescents have either never started school or dropped out despite the international community's promise to achieve Education for All by 2015.

The report added that "business as usual" has not worked and there has been almost no progress in reducing the number of adolescents out of school since 2007. Children living in conflict, child labourers and those facing discrimination are most affected. And without major shifts in policies and resources, previous education gains may erode.

"If current trends continue, 25 million children, 15 million girls and 10 million boys, are likely to never set foot inside a classroom," it said. For a concrete policy shift, the study calls on governments to provide robust information on marginalised children.

Source: PTI